We can issue an infringement notice for breaches of certain sections of the Fundraising Act 1998.
An infringement notice allows you to pay a fine for these offences without an admission of guilt, rather than going to court. The fine is less than the maximum penalty that a court can impose if it found you guilty.
For full details of your legal obligations, go to the Fundraising Act.
The value of a penalty unit is $197.59 for financial year 2024-25. For more information, visit Indexation of fees and penalties - Department of Treasury and Finance.
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Section of the Fundraising Act
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Obligation
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Penalty for breaching obligation
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s.9(1)
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While participating in a fundraising appeal, all collectors must wear clearly visible identification badges.
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2.5 penalty units
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s.14(2)
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Prior to seeking donations, paid canvassers communicating using devices such as telephones must disclose that they are being paid, by whom and on behalf of whom.
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2.5 penalty units
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s.14(3)
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Prior to offering to sell anything, paid canvassers who communicate directly using devices such as telephones must disclose that they are being paid, by whom and on behalf of whom.
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2.5 penalty units
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s.24D(2)
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If the contact person for a fundraiser ceases their position, another must be appointed as soon as possible and the Director of Consumer Affairs Victoria notified of the new person’s details within 7 days.
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2.5 penalty units
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s.29(3)
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A person running a fundraising appeal must keep records in a way enabling them to be conveniently audited.
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12.5 penalty units
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s.29(4)
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A person conducting a fundraising appeal must finalise accounts containing a summary of expenditure and income within 3 months of the end date, or annually if it runs for over 1 year.
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12.5 penalty units
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s.29(5)
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If an appeal runs for over 1 year, a person conducting the appeal must finalise accounts annually, containing a summary of expenditure and income, and upon the finalising of the appeal, the last account must be finalised within 3 months.
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12.5 penalty units
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s.29(8)
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If, after an appeal ends, the person having conducted the appeal continues to receive funds or assets, accounts containing a summary of expenditure and income must be finalised within 3 months of the annual anniversary of the appeal until the person ceases administering funds or assets.
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12.5 penalty units
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s.29(9)
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If, after an appeal ends, the person having conducted the appeal continues to receive funds or assets, accounts containing a summary of expenditure and income must be finalised within 3 months of that person ceasing to administer the funds or assets.
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12.5 penalty units
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s.31(1)
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A person conducting a fundraising appeal fails to ensure that any records or accounts he or she is required to keep are stored in Victoria at the address, registered office or principal place of business of the person or designated person.
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12.5 penalty units
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s.31(2)
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A person fails to ensure that records or accounts are stored in Victoria at the address, registered office or principal place of business of the person or designated person for 3 years after the date the appeal ends.
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12.5 penalty units
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s.32(2)
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A person who is conducting, or has conducted, a fundraising appeal, fails to comply with the director’s request to submit, within the time specified, an auditor's report on the accounts and records kept in relation to the appeal.
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12.5 penalty units
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s.33(4)
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Accounts or records available for public inspection must be made available within 21 days of the request.
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2.5 penalty units
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